Kościół i Prawo 2022-06-24T11:48:39+00:00 Agnieszka Romanko Open Journal Systems <p><span lang="EN-US"><strong>Kościół i Prawo</strong> is a semi-annual journal published by the Faculty of Law, Canon Law and Administration at the John Paul II Catholic University of Lublin in cooperation with the Learned Society of the Catholic University of Lublin. The aim of this journal is to publish scholarly articles concerning canon law and relations between State and Church. The journal gives special attention to Polish particular law. Besides academic articles, the journal also includes book reviews and reports of conferences.</span></p> From the Editor-in-chief 2022-06-24T10:23:13+00:00 Mirosław Sitarz 2022-06-24T10:17:40+00:00 Copyright (c) 2022 Kościół i Prawo Military and Alternative (Non-Military) Service of Religious Citizens in Ukraine 2022-06-24T11:48:39+00:00 Oleksandr Bilash Tetyana Karabin Anatoliy Selivanov <p>The article considers the essence of the proper legal regulation of the military and alternative (non-military) services of religious citizens in Ukraine, which has gained a&nbsp;new relevance in the background of the another stage of the Russian-Ukrainian war. The right to replace the military service with an alternative one, its legal regulation, and the possible enhancement of such regulation are the subject of a full-scaled analysis. The article identifies the issues of the implementation of the right to freedom of conscience in military service in the modern state of war conditions and changes in the religious map of Ukraine. Conclusions were made on the need to preserve the institution of alternative service and the establishment of a full-fledged institution of military chaplaincy.</p> 2022-06-24T10:18:02+00:00 Copyright (c) 2022 Kościół i Prawo Incapacitation of a Senior. Limitation or Aid? 2022-06-24T11:48:36+00:00 Marcin Kołodziej <p>An institution of incapacitation possessing a huge meaning from the legal, social and family point of view, raises numerous controversies. Some authors think consider whether it should exist due to the limitation of an ability to legal activities of the person to whom it refers. On the other hand whereas – from the perspective of the persons taking care for the seniors – it seems to be extremely helpful. Although there are new proposals which could replace the incapacitation, they remain so far on the level of postulates. Therefore, this study constitutes the presentation, first of all, and additionally an assessment of the institution of incapacitation in the Polish legal system. So as to it could fulfill its subjective task and at the same time exclude all abuses in using thereof, it is necessary to preserve proper law provisions which will assure subjective treating the person and protection of their interests.</p> 2022-06-24T10:18:22+00:00 Copyright (c) 2022 Kościół i Prawo A Local Zoning Plan as a Requirement for Creating and Expanding Municipal and Religious Cemeteries 2022-06-24T11:48:35+00:00 Ewa Koniuszewska <p>Creating and expanding municipal cemeteries is conditioned by the performance of a spatial arrangement-related task that involves the passing of a local zoning plan. The legislator has assumed that cemeteries are established and expanded on areas specified in local zoning plans. Therefore, this study analyses legal measures that lay down requirements for establishing and expanding municipal and religious cemeteries. I point to regulations of those stages of the planning procedure which ensure participation of collaborating bodies and of members of a local community. This analysis intends to determine how far the requirement to adopt a local zoning plan restricts the creation and expansion of cemeteries. It is also intended to inspire a discussion on whether the need to carry out a multi-stage resolution-passing procedure gives a&nbsp;guarantee of a price of the intended project from different perspectives and taking into account the interests of members of a given community.</p> 2022-06-24T10:18:42+00:00 Copyright (c) 2022 Kościół i Prawo Religious Symbols and Clothing in Public Space – Comments on the Jurisprudence of the European Court of Human Rights 2022-06-24T11:48:33+00:00 Ewa Milczarek <p>Religious symbols and clothes are an important element of the realization of the freedom of conscience and religion. Social changes lead to deepening secularization. Not so long ago, religion played an important role in states, intertwining with public authority and constituting an important element of state policy. The presence of religious symbols and costumes in the public space, including the public administration space, was consequently natural. The effect of the aforementioned social changes is also questioning the presence of these symbols and subjecting their standards to verification. In this context, it is important to find a balance between the neutrality of public space and the right to express one’s religious feelings. The research objective of the article is to define the standards of admissibility of religious clothes and symbols in the public sphere in the jurisprudence of the European Court of Human Rights.</p> 2022-06-24T10:19:13+00:00 Copyright (c) 2022 Kościół i Prawo The Complexity of the Concept of Rules of Order in the Canonical Legal Order in the Light of the Definition Contained in Can. 95 § 1 of the 1983 Code of Canon Law 2022-06-24T11:48:31+00:00 Ginter Dzierżon <p>In the presented study, its title was not determined apriori by the Author. On the one hand, having regard to the postulate of one of the consultants taking part in the work of codification, according to which the future regulation should contain a definition of the rules of order and determine their value in the canonical legal order, and on the other hand, by examining the components of the definition contained in can. 95 § 1 and side issues connected with this category of acts (rules of order and statutes), he demonstrated that the canonical concept of the rules of order has a complex character, going beyond the framework of the definition. In the canonical legal order there are not only rules within the meaning of can. 95 § 1, but also terms of conditions.</p> <p>He also pointed out that the current regulation does not refer to the issue of the value of the rules of order. In the Author’s opinion, such situation results from the fact that the concept of order regulations is too complex (laws, administrative acts) to be included in the form of norm of general character. According to the Author, this state of affairs is further complicated by the fact that in the canonical system there function also rules of order of meetings of informal groups, the binding force of which has only a&nbsp;moral character.</p> 2022-06-24T10:19:31+00:00 Copyright (c) 2022 Kościół i Prawo Origin of Non-Positives Concepts of Law – an Outline of the Problem 2022-06-24T11:48:28+00:00 Wiktor Kołodziejczak <p>The article concerns the beginning of non positivistic approach to law starting from debates which occurred in post-war German social philosophy. The role of the most important factor in clarification of non positivistic approach is said to be Radbruch’s formula and the assumption that the positive law must include at least minimal justification taken from natural law. Next part of article is short enumeration of a few authors who’s thought was essential to the debate with legal positivism including Ronald Dworkin’s theory of law containing principles and policies. In the end author points that theoretical debates are often based on misinterpretations of opponents statements which are taken out of context.</p> 2022-06-24T10:19:48+00:00 Copyright (c) 2022 Kościół i Prawo The nullitatis matrimonii Process as a Synodal Route. Pope Francis to the Roman Rota on January 27, 2022 2022-06-24T11:48:25+00:00 Wojciech Góralski <p>On the occasion of the inauguration of the new judicial year in the Roman Rota, on January 27, 2022, Pope Francis received in the Clementine Hall the prelates-auditors of the above-mentioned Apostolic Tribunal, as well as his lawyers and other employees and associates. In his speech, he emphasized that the process of <em>nullitatis matrimonii</em> has the features of synodality, as it is the common path of all its participants leading to learning the truth about a particular marriage. It makes it clear to all judges, but also to all church judges, that administering justice in this area requires a synodal spirit: the ability to listen, engage in dialogue and decide. This reveals Francis’ pastoral sensitivity towards those spouses who have failed in their life together and who, as he said, should be offered “the balm of mercy.”</p> 2022-06-24T10:20:07+00:00 Copyright (c) 2022 Kościół i Prawo Intellectual Formation in the Seminary 2022-06-24T11:48:24+00:00 Wojciech Potocki <p>The intellectual formation of candidates for the clerical state is only one of the elements of the comprehensive preparation of the future priest and his subsequent constant work on shaping his personality and carrying out the mission entrusted to him in the Church. This type of formation should teach the cleric to be independent in making their own judgments, as well as to listen carefully to others, to read and use them. This study describes the purpose and course of formation, taking into account the division into philosophical and theological studies, as well as presents the method of teaching seminarians in the seminary.</p> 2022-06-24T10:20:23+00:00 Copyright (c) 2022 Kościół i Prawo Selected Legal Regulations Normalizing the Position and Role of Churches and Religious Associations in the Process of Executing the Penalty of Deprivation of Liberty 2022-06-24T11:48:22+00:00 Grzegorz Skrobotowicz <p>The article deals with selected legal regulations, adopted on the basis of international law and enacted in the national legal order, and concerning the rights and role of churches and religious associations at the stage of executing the imposed isolation penalties. The individual parts discuss the main legal provisions relating to the subject matter, as well as refer to the jurisprudence of the European Court of Human Rights and statistical data on the number of inmates. It also indicated the fundamental importance of the presence and role of chaplains and representatives of denominational motions and the performance of broadly understood religious services towards prisoners.</p> 2022-06-24T10:20:43+00:00 Copyright (c) 2022 Kościół i Prawo Taxation of the Clergy with a Flat-Rate Income Tax 2022-06-24T11:48:18+00:00 Katarzyna Święch- Kujawska <p>Flat-rate taxation for clergymen is one of the simplified forms of taxation for natural persons, where instrumental obligations of taxpayers have been significantly reduced. Nevertheless, only clergymen who meet the requirements laid down in statute are entitled to be covered with this tax. It is a typical flat-rate tax, in which the fact of earning or not earning an income is crucial. Therefore, taxpayers were allowed to waive this form of taxation. This paper addresses issues outlined above and the subject matter of other elements of the structure of this tax performance. The analysis performed herein allowed a demonstration of fundamental principles of a flat-rate tax and of its place in Poland’s tax system today.</p> 2022-06-24T10:21:03+00:00 Copyright (c) 2022 Kościół i Prawo Sarah Lauhead, Canon 149 of Canon Law: Determining the Suitability of a Candidate for an Ecclesiastical Office, EUNSA, Pamplona 2021, pp. 326 2022-06-24T11:48:16+00:00 Ginter Dzierżon 2022-06-24T10:21:24+00:00 Copyright (c) 2022 Kościół i Prawo